Topic: a rule 12(b)(6) motion to dismiss tests the legal sufficien… · Go Syfert
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Topic #11395

2 canonical passages across 2 cases, quoted by 34 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Caroline Herron v. Fannie Mae.

#Case FlagCanonical passage Citers
1 Caroline Herron v. Fannie Mae Anchor
cadc · 2017
green “a rule 12(b)(6) motion to dismiss tests the legal sufficiency of a plaintiff's complaint; it does not require a court to 'assess the truth of what is asserted or determine whether a plaintiff has any evidence to back up what is in the complaint.” 30
2 Houshang Momenian v. Michael Davidson
cadc · 2017
green “a complaint will be dismissed under rule 12(b)(6) as 'conclusively time-barred' if 'a trial court determines that the allegations of other facts consistent with the challenged pleading could not possibly cure the deficiency.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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